Vijay Pal Maurya And Others vs Smt.Tulsa Devi And Others
2022 Latest Caselaw 18590 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

Court No. - 7
 
Case :- FIRST APPEAL FROM ORDER No. - 819 of 2018
 
Appellant :- Vijay Pal Maurya And Others
 
Respondent :- Smt.Tulsa Devi And Others
 
Counsel for Appellant :- Ram Singh
 
Counsel for Respondent :- Bhartendu Pathak,G.K. Maurya
 

 
Hon'ble Ajay Bhanot,J.

Heard Sri Ram Singh, learned counsel for the appellant and Sri Bhartendu Pathak, learned counsel for the respondent insurance company.

This first appeal from order arises from the judgment and award dated 24.09.2009 rendered by the Motor Accident Claims Tribunal/Additional District Judge, Fatehpur in Motor Accident Claim Petition No. 235 of 2008 awarding compensation of Rs. 51,500/ to the claimants. This appeal has been filed by the claimants for enhancement of the amount awarded by the Tribunal in the impugned judgment.

The undisputed facts of the case are that the deceased Km. Solanki was eight years of age on the date of accident and was a school going child. The claimants are parents of the deceased minor child. The deceased died of injuries sustained in a motor vehicle accident which occurred on 20.09.2008. The compensation to which the claimants/appellants are entitled is liable to be calculated in the light of the judgment rendered by the Supreme Court in (Special Leave Petition (Civil) No. 5345 of 2019) Meena Devi Vs Nunu Chand Mahto @ Nemchand Mahto and others reported at MANU/SC/1320/2022.

The compensation to which the claimants/appellants are entitled consistent with the Meena Devi (supra) is tabulated hereunder:

i. Date of accident - 29.09.2008

ii. Name of deceased - Km. Solanki

iii. Age of the deceased - 8 years

iv. Occupation of the deceased - Student

v. Income of the deceased - Notional income

vi. Name, age and relationship of claimants with the deceased:

Sr. No.

Name

Age

Relation

1.

Vijay Pal Maurya

Father

2.

Smt. Kaushilya Devi

Mother

vii. Computation of Compensation

Sr. No.

Heads

Amount (in Rupees)

1.

Annual income

30,000/-

2.

Multiplier

3.

Annual loss of dependency

15x30000=4,50,000

4.

Conventional heads

50,000/-

5.

Total compensation

5,00,000/-

6.

Interest

7%

In the wake of preceding discussion this Court finds that the total compensation to which the appellants/claimants are entitled is Rs. 5,00,000/-. The amount shall be paid by the respondent insurance company within a period of two months. The enhanced amount shall carry interest of 7% per annum from the date of claim till the actual realisation is made.

The appeal is allowed.

Order Date :- 23.11.2022

Pravin